Originally published on metropolis.co.jp on February 2012

What are your preconceptions regarding inheritance?

If succession of property begins after a Japanese person dies, each successor has to determine if he/she is going to succeed his/her portion or abandon it. If successors aren’t sure if the inheritance is in a state of bankruptcy or not, they can take recourse with a third option, known as “limited recognition.” Under this institution, they opt to succeed assets that remain once all inherited debts are paid, and therefore succeed no debts.

But the most serious problem about inheritance is the process of dividing assets among successors. This is not only because all successors have to gather and argue about how to divide the assets. They also have to discuss special economic benefits a successor might have received. The process can become lengthy, as people will have to unearth old facts, sometimes from decades before, and it requires a great deal of work to prove anything.
In other cases, successors have to argue the limit of inheritance. For some successors who were taking care of the deceased, it’s easy to change names on real estate documents, consume assets, like bank accounts, or forge wills. These people have been in control of the finances of sick or aged relations.

The most serious effect caused by the process of inheritance is emotional antagonism among successors. This can have irreversible effects on families. That is why it is recommended to hire a lawyer as soon as possible. If the lawyer handles the inheritance, your mental burden will be eased, and relationships between successors can be preserved. 

Free legal consultations in English, Chinese, and Korean. AITS Shinjuku Law Office. 3F Believe Shinjuku-Bldg. 1-26-9 Shinjuku, Shinjuku-ku. Tel: 03-5362-0907. Email iyota@aits-lpc.com. Nearest stn: Shinjuku. www.aits-lpc.com